CTL 3 - Non-Contractual Claims
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Questions and Answers

What is the operative date for limitation purposes in the context of a continuing wrongful act?

  • The date the wrongful act first occurred
  • The date when damages were first calculated
  • The date the claimant files the complaint
  • The last day on which the wrongful act occurred (correct)

Which element must be established for a tort under Indonesian Law?

  • The wrongdoer must be a government entity
  • The unlawful act must contain elements of negligence
  • The claimant must have suffered financial loss
  • There must be an established causality between the act and the injury (correct)

Under Thai Law, how long is the limitation period for bringing a claim regarding unlawful injury?

  • 10 years (correct)
  • 5 years
  • 15 years
  • 20 years

In the case of pollution affecting the sea, what complicates the assessment of limitation defenses?

<p>Unclear framing of the claimants' complaint (A)</p> Signup and view all the answers

What key element is NOT required for a tort claim under Indonesian Law?

<p>The act must be unintentional (D)</p> Signup and view all the answers

What is the primary characteristic of an unlawful act under the civil law?

<p>It must be a violation of written laws or accepted rules of law. (C)</p> Signup and view all the answers

Under the Indonesian Civil Code, which article addresses the obligation to compensate for damages caused by unlawful acts?

<p>Article 1365 (C)</p> Signup and view all the answers

Which of the following types of acts are recognized as unlawful under civil law?

<p>Both intentional and unintentional acts, including negligence (C)</p> Signup and view all the answers

What is a distinguishing feature of the causation theory referenced in civil law?

<p>It applies adequate causation theory. (B)</p> Signup and view all the answers

Which of the following best describes the term 'civil wrong' in the context of non-contractual claims?

<p>A claim arising from wrongful acts that do not stem from contract obligations. (A)</p> Signup and view all the answers

Which of the following entities can commit unlawful acts according to civil law?

<p>Natural and legal persons, including corporations (D)</p> Signup and view all the answers

What legal action does a party have when another party defaults on a contractual obligation?

<p>A cause of action in contract (B)</p> Signup and view all the answers

What can be inferred about the relationship between unlawful acts and damages in civil law?

<p>Causality must be established between the unlawful act and the injury for liability. (A)</p> Signup and view all the answers

What is necessary for a claim for damages under Article 1365 of the Indonesian Civil Code?

<p>The conduct must be unlawful or wrongful. (D)</p> Signup and view all the answers

Under the adequate theory of causation, what aspect is essential in determining the causal relationship?

<p>The ability to foresee the harm. (A)</p> Signup and view all the answers

Which of the following forms of compensation is NOT specifically mentioned under Article 1365?

<p>Repayment of lost wages. (A)</p> Signup and view all the answers

Which section of the Thai Civil and Commercial Code pertains to willful or negligent harm?

<p>Section 420 (D)</p> Signup and view all the answers

What is a significant difference between the legal systems of Indonesia and Thailand regarding wrongful acts?

<p>Thai law emphasizes the rights of persons. (C)</p> Signup and view all the answers

What is the typical assessed amount of compensation for damages in Thailand compared to international standards?

<p>Typically low (D)</p> Signup and view all the answers

Which type of compensation can be provided under Indonesian law apart from monetary compensation?

<p>Specific performance such as repairs. (B)</p> Signup and view all the answers

What is the main requirement for the 'innocent party' to seek compensation under the discussed laws?

<p>To demonstrate a causal relationship to the harm. (B)</p> Signup and view all the answers

What is the general limitation period for filing a claim under the CCC?

<p>10 years (A)</p> Signup and view all the answers

What kind of harm does Section 420 of the Thai Civil and Commercial Code include?

<p>Injuries to both body and property. (C)</p> Signup and view all the answers

Which of the following statements regarding limitation periods is accurate?

<p>Claims cannot be brought more than 10 years from the wrongful act (D)</p> Signup and view all the answers

Under Section 193 of the CCC, what is the limitation for claims if a specific period is not stipulated?

<p>10 years (D)</p> Signup and view all the answers

What is emphasized under the adequate theory regarding the effects of a harmful act?

<p>The foreseeability of the harm. (D)</p> Signup and view all the answers

What type of compensation can also include restoration of status besides monetary forms?

<p>Specific performance. (C)</p> Signup and view all the answers

What distinguishes the limitation period under sections 420 to 437 of the CCC compared to the general limitation period?

<p>It allows for claims to be barred after only 1 year (A)</p> Signup and view all the answers

In the context of limitation periods, how is knowledge defined for a claimant?

<p>Knowledge of the act's severity and defendant's identity (A)</p> Signup and view all the answers

Which of the following conditions applies to the assessment of damages?

<p>Broad statements govern the manner of compensation assessment (C)</p> Signup and view all the answers

What role do the circumstances and gravity of the wrongful act play in compensation assessment?

<p>They are essential factors in determining compensation (B)</p> Signup and view all the answers

Which section of the CCC mentions that claims are barred after one year from knowledge of the wrongful act?

<p>Section 448 (C)</p> Signup and view all the answers

What must a claimant demonstrate regarding damages that are not immediately quantifiable?

<p>They must be proven and quantified (D)</p> Signup and view all the answers

What is the main purpose of Section 421 as described?

<p>To declare previously lawful acts as wrongful if intended to injure another. (B)</p> Signup and view all the answers

In evaluating a wrongful act under Section 421, what must be proven about the defendant's actions?

<p>The defendant acted solely to cause injury to another party. (C)</p> Signup and view all the answers

What was a significant factor considered by the court regarding the bankruptcy petition filed by the defendant?

<p>The timing of the filing in relation to SEC investigations. (B)</p> Signup and view all the answers

What was the intention behind the defendant declaring an event of default on debts?

<p>To execute a hostile takeover during a vulnerable time. (D)</p> Signup and view all the answers

What issue did the content highlight regarding compensatory damages in tort law?

<p>They can include various types of damages suffered by the claimant. (B)</p> Signup and view all the answers

What was the court's stance on the legitimacy of the bankruptcy petition related to the investment agreements?

<p>It was considered illegitimate due to the timing and intent of harm. (D)</p> Signup and view all the answers

What must one establish to prove wrongful acts under Section 421 in a civil context?

<p>The defendant could have exercised their right without malicious intent. (C)</p> Signup and view all the answers

What were the grounds of the case that the plaintiff filed against the defendant?

<p>Allegations of malicious bankruptcy filing. (D)</p> Signup and view all the answers

Which of the following best describes the inquiry necessary to determine a wrongful act under Section 421?

<p>Determining whether the act was intended to harm another. (D)</p> Signup and view all the answers

What aspect of the defendant's actions during the SEC investigations was vital to the court's judgment?

<p>The appropriateness of timing and intent behind the actions. (B)</p> Signup and view all the answers

Flashcards

Non-contractual claims

Claims for damages arising from unlawful acts, not from contracts. They include civil wrongs or torts.

Unlawful Act (Civil Law)

A wrongful act violating written laws, common rules, or customs. Can be intentional or unintentional (negligence).

Causation (Civil Law)

The link between an unlawful act and the harm caused. Civil law uses the 'adequate causation' test.

Adequate Causation

A civil law concept of causation that considers if an action is a sufficient reason for the harm that resulted, in contrast to other causation standards (e.g. proximate cause).

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Civil Wrong / Tort

A non-contractual claim in civil law jurisdictions, where someone is harmed and the law provides a remedy.

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Contractual Obligation

A legal duty or promise arising from an agreement (contract)..

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Intentional Act

A deliberate action.

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Negligence

Failure to exercise reasonable care resulting in harm to another.

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Causal Relationship (Damages)

A connection between a wrongful act and the resulting harm. The harm must have been foreseeable.

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Forms of Compensation (Article 1365)

Compensation can include money, asset valuation, repairs, and restoration costs or compensation for suffering/distress.

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Foreseeable Harm (Damages)

Harm that a reasonable person should have anticipated from an action.

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Unlawful Act (Compensation)

An action that violates the law, requiring compensation for the resulting harm.

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Tort Law (Thai Civil Code)

A branch of law dealing with non-contractual wrongs, injuries to property, health or life.

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Compensation (Thai Law)

Obligation to pay for harm, injury, or damage stemming from act or omission.

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Damage (Loss) vs (Unlawful Act )

A connection in a causal chain between an unlawful action and the consequential loss or damage.

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Liability (Civil)

A legally recognized duty or obligation to make compensation for damages caused by one's action or inaction.

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Specific Performance (Compensation)

A remedy other than cash that provides for the restoration or repair of goods. An example might include restoring the original state of harmed goods.

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Financial Losses (Compensation)

Losses in financial terms such as monetary losses, or additional expense due to the harm caused from an act or omission.

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Wrongful Act (Section 421)

An act that would otherwise be lawful, but is done with the sole purpose of causing harm to another.

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Evidentiary Threshold

The standard of proof required to establish a wrongful act. It must be proven that the act had no legitimate purpose other than causing harm.

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Contractual Right

A legal entitlement to act based on a contract.

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Hostile Takeover

A takeover attempt motivated by a desire to gain control of a company, often by taking advantage of its vulnerability.

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Bankruptcy Petition

A formal request to a court filed by a company or individual seeking legal protection from creditors while they reorganize their finances.

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Good Faith

Acting honestly and without intent to deceive or harm.

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Compensatory Damages

Financial compensation awarded to a victim to make up for their losses.

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Torts

Civil wrongs or unlawful acts that cause harm to someone, giving them the right to sue for damages.

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Crystallized Debt

A debt that is fully due and payable.

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Alleged Interest

A claimed interest or right that may or may not be valid.

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Continuing Wrongful Act

An unlawful act that continues over a period of time, like ongoing pollution. The limitation period for claiming damages begins when the act stops, not when it starts.

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Limitation Period (Civil Law)

The time limit within which legal action can be taken to claim damages for a wrongful act. In Thailand, this is 10 years.

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Elements of Tort (Indonesian Law)

The conditions that must be met to establish a claim for damages in Indonesian law: an unlawful act, fault, injury, and causation.

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Wrongful Act (Thai Law)

A violation of someone's body or property under Thai law. This can lead to a claim for damages under the Civil and Commercial Code.

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Loss of enjoyment

A type of damage that refers to the reduction in one's ability to enjoy life due to an injury or wrongful act.

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Quantifiable damage

Damages that can be measured and assigned a monetary value.

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Non-quantifiable damage

Damages that are difficult to assign a specific monetary value, such as pain and suffering.

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Section 438

A section in the Civil and Commercial Code (CCC) of Thailand that governs how courts determine the amount of compensation based on the severity of the wrongful act.

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Limitation period

The time limit within which a legal claim must be filed.

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Section 193 of the CCC

A section in the CCC that provides a general 10-year limitation period for most claims, unless a shorter period is specifically provided by law.

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Specific limitation period (Thailand)

A shorter time limit for specific types of claims within the CCC.

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Section 448 of the CCC

A section in the CCC that sets a one-year limitation period for claims related to unlawful acts, starting when both the act and the defendant's identity are known to the claimant.

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Constructive knowledge

A legal concept where knowledge is presumed, even if someone is not directly aware of it.

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Study Notes

Non-Contractual Claims

  • Non-contractual claims deal with obligations not arising from contracts. They include obligations from law and other sources.
  • If a party defaults on a contractual obligation, the innocent party can sue for breach of contract.
  • Separate from contract claims, there are "non-contractual" claims based on unlawful acts (torts).
  • Unlawful acts can be intentional or unintentional (negligence)
  • Civil wrongs or torts are claims recognized in civil law jurisdictions.
  • Indonesian Civil Code Article 1365 is a basis for non-contractual claims.
  • Every unlawful act damaging another party obliges compensation.
  • Key elements for civil claims include the unlawful act, fault (intent or negligence), causation (harm linked to act), and injury itself.

Elements of Unlawful Acts

  • Unlawful acts violate written laws or generally accepted customs (including legal entities).
  • Unlawful acts can be intentional or unintentional (including negligence or carelessness)
  • A causal link is crucial between the unlawful act and the resulting injury.
  • The harm caused must be foreseeable or expected.

Compensation in Non-Contractual Claims

  • Compensation can include various forms, including monetary compensation, damages to repair harm to put it back to original state or compensate for costs to restore.
  • Damages may include: lost earnings, distress, or damage to reputation.

Limitation Periods

  • Indonesian law has a general time limit (typically 10 years) for bringing claims unless a different period is specified in law.
  • Time limits may vary depending on specific types of claims.
  • Claims are barred after a set time from the wrongful act, date when the nature of the act and involved parties become known.

Case Example

  • A case involving investment agreements and a claim of breach of trust and deceptive fraudulent activities against the plaintiffs resulting in losses and potential fraudulent activities on the part of the defendants.

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Related Documents

CTL 3 - Non-Contractual Terms PDF

Description

This quiz focuses on the basics of non-contractual claims, including obligations arising from unlawful acts. It discusses key elements such as fault, causation, and the basis in Indonesian Civil Code Article 1365. Test your understanding of civil law and torts through various questions.

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